Legal Opinion · Concurrence

Culver v. State

Indiana Court of Appeals

Decided February 17, 1988No. 45A04-8706-CR-00172Published

1ConcurrenceRatliff, Chief Judge

I agree that the affidavit for search warrant in this case was at least minimally sufficient to meet constitutional requirements and, to that extent, concur in the opinion of Judge Miller.

However, even if the affidavit were insufficient, no cause for reversal would exist. The Supreme Court of the United States in United States v. Leon (1984), 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677, created a good faith exception to the exclusionary rule. In Leon, the court held that evidence obtained in violation of the Fourth Amendment by officers acting in objectively reasonable reliance on a search…

2Cases cited3 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Blalock v. StateIndiana Supreme Court · 1985
  3. State v. M.R.D.Indiana Court of Appeals · 1985

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